BILL NUMBER: AB 2488	CHAPTERED  09/05/00

	CHAPTER   296
	FILED WITH SECRETARY OF STATE   SEPTEMBER 5, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Baldwin

                        FEBRUARY 24, 2000

   An act to amend Section 25505 of the Health and Safety Code,
relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, Baldwin.  Hazardous materials:  business plans.
   (1) Existing law requires a business handling specified amounts of
hazardous materials to submit an inventory and a business plan to
the local administering agency, for review by the administering
agency.  A violation of the requirements imposed upon handlers of
hazardous materials is a crime.
   This bill would authorize an administering agency, with the
written concurrence of the local fire chief, to require a handler to
submit only the inventory, a list of emergency contacts, a site plan,
and a certification that the handler has prepared a complete
business plan that meets those business plan requirements, in lieu of
the submission of a business plan, and would require the handler to
maintain the complete business plan at the site where the inventory
is stored.  The bill would require an administering agency that
elects to impose this requirement to review the remaining components
of the business plan during its periodic inspections of the handler
and would require the handler to annually submit a specified
certification form to the administering agency.
   This bill would impose a state-mandated local program by creating
a new crime regarding the handling of hazardous materials.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25505 of the Health and Safety Code is amended
to read:
   25505.  (a) (1) Except as provided in subdivision (e), each
handler shall submit its business plan to the administering agency in
accordance with the requirements of this article and certify that
the business plan meets the requirements of this article.
   (2) If, after review, the administering agency determines that the
handler's business plan is deficient in any way, the administrative
agency shall notify the handler of those deficiencies.  The handler
shall submit a corrected business plan within 30 days from the date
of the notice.
   (3) If a handler fails, after reasonable notice, to submit a
business plan in compliance with this article, the administering
agency shall immediately take appropriate action to enforce this
article, including the imposition of civil and criminal penalties as
specified in this article.
   (b) In addition to the requirements of Section 25510, whenever a
substantial change in the handler's operations occurs that requires a
modification of its business plan, the handler shall submit a copy
of the business plan revisions to the administering agency within 30
days from the date of the operational change.
   (c) Each handler shall, in any case, review the business plan,
submitted pursuant to subdivision (a) or (b) at least once every
three years thereafter after the initial submission of the business
plan, to determine if a revision is needed and shall certify to the
administering agency that the review was made and that any necessary
changes were made to the plan. A copy of those changes shall be
submitted to the administering agency as a part of that
certification.
   (d) Unless exempted from the business plan requirements under this
chapter, each handler shall annually report its hazardous materials
inventory on the form required by subdivision (a) of Section 25503.3
or in the alternative form designated by the administering agency
pursuant to subdivision (b) of Section 25503.3, or submit a
certification statement to the administering agency of the county or
city in which the handler is located.
   (e) (1) Notwithstanding any other provision of this article, an
administering agency may, with the written concurrence of the local
fire chief, require a handler to submit only the inventory required
by subdivision (a) of Section 25504, a list of emergency contacts, a
site plan, and a certification that the handler has prepared a
complete business plan that meets the requirements of this article,
in lieu of the submission of a business plan, and require the handler
to maintain the complete business plan at the site where the
inventory is stored.
   (2) If an administering agency requires a handler to submit only
the inventory, the list of emergency contacts, the site plan, and the
certification pursuant to paragraph (1), the administering agency
shall review the remaining components of the business plan during its
periodic inspections of the handler, and the handler shall annually
submit a form, provided by the administering agency, that certifies
that the handler has included, and maintains as current, in the
business plan, all other information required pursuant to Section
25504.   Whenever there is a substantial change in a handler's
operations that requires modification of its business plan, the
handler shall submit a copy of those changes in accordance with
subdivision (b).
   (3) If an administering agency requires a handler to submit only
the inventory, the list of emergency contacts, the site plan, and the
certification pursuant to paragraph (1), the administering agency
shall obtain from the handler the other components of the business
plan that are not filed with the administering agency upon receipt of
a request for public inspection of the business plan.  The handler
shall submit a complete copy of the business plan to the
administering agency within five working days after the administering
agency receives a request for public inspection and the
administering agency shall make the business plan available to the
member of the public requesting the inspection in accordance with the
procedures specified in Section 25506.  The administering agency
shall not charge for a request to obtain this information or for an
examination of the business plan during the administering agency's
normal working hours.
   (4) If, for any reason, a business plan maintained by a handler
that is required to only submit the inventory, the list of emergency
contacts, the site plan, and the certification pursuant to paragraph
(1), is damaged or destroyed, the handler shall replace the business
plan within 15 days of its damage or destruction, and shall notify
the administering agency of the replacement.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
